Legal Opinion

McKaig v. McCallum

New Jersey Court of Chancery

Decided June 23, 1900Published

Heard on petition for surplus money, and on motion .to vary an order of reference made thereon; and on a cross motion to vary the master’s report of priorities and the decree confirming the same.

1Opinion of the Court

Pitney, V. C.

The bill was filed to foreclose three several mortgages held by the complainant upon the mortgaged premises, and which were first in order of priority. The equity of redemption was held by the defendant McCallum, subject to a life estate in his mother, the defendant Jane McCullum. Complainant’s mortgages were executed by all these parties.

Complainant, bjr his bill, made parties defendant several judgment creditors of David McCallum, and also two other mortgagees, to wit, Peter G-. Polhemus and .Frederick Weigel, who held mortgages subsequent in date to the docketing of the…

2Cases cited3 opinions

  1. Hagerty v. LeeSupreme Court of New Jersey · 1892
  2. Grimshaw v. CarrollSupreme Court of New Jersey · 1899
  3. Barr v. FlemingSupreme Court of New Jersey · 1898

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